Petroliam Nasional Berhad v. GoDaddy.com, Inc.
Filing
113
Declaration of John L. Slafsky in Support of 112 MOTION for Summary Judgment Notice of Motion, Motion, and Memorandum of Points and Authorities ISO Go Daddy's Motion for Summary Judgment filed byGoDaddy.com, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Related document(s) 112 ) (Slafsky, John) (Filed on 11/2/2011)
EXHIBIT 10
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
PETROLIAM NASIONAL BERHAD
(PETRONAS),
Plaintiff,
CASE NO. 09-CV-5939PJH
vs.
GODADDY.COM, INC.,
Defendant.
/
::: CONFIDENTIAL :::
30(b)(6) DEPOSITION OF JESSICA HANYEN
DATE:
Wednesday, October 12, 2011
TIME:
11:58 a.m.
LOCATION:
BALLARD SPAHR, LLP
1 East Washington Street, Suite 2300
Phoenix, Arizona 85004
REPORTED BY: JANICE HARRINGTON, RPR, CRR, CLR
AZ Certified Court Reporter No. 50844
Registered Professional Reporter
Certified Realtime Reporter
Certified LiveNote Reporter
MBreporting
111 Deerwood Road, Suite 200
San Ramon, California 94583
10/12/2011
Jessica Hanyen
Berhad/Petronas v. GoDaddy
Q.
1
2
Hosting. Okay. Okay. And is there
somebody else who's responsible for domain names?
A.
3
Domain names are covered by the Uniform
4
Domain Name Dispute Resolution Policy. So we have a
5
specific group that handles domain name issues.
Q.
6
7
names differ from the policy for hosting accounts?
A.
8
9
Okay. So how does the policy for domain
What we do for hosting accounts is
voluntary as a company. Meaning that there are no
10
regulations or laws that require us to take action so
11
we go off of our trademark and our copyright policy
12
to take action on those.
When we're talking about domain names,
13
14
that is specifically spelled out by ICANN through the
15
Uniform Domain Name Dispute Resolution Policy or
16
UDRP. And basically we follow what the arbitration
17
forums or courts tell us to do.
Q.
18
Okay. So why don't you go ahead and take
19
a look at Exhibit 1. It's Anderson Exhibit 1, and
20
this is a Notice of Federal Rule of Civil Procedure
21
30(b)(6). And I understand you have been designated
22
as Go Daddy's deponent on topics 11, 12 and 17. Do I
23
have that right? Is that right?
24
25
MR. LANSKY: That's right.
BY MR. CLARK:
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::: CONFIDENTIAL
Page: 7
10/12/2011
Jessica Hanyen
Berhad/Petronas v. GoDaddy
1
Q.
I see. And how is it separate?
2
A.
When we're talking about the Go Daddy
3
auctions, we're talking about removing domain names
4
from being listed for auction. So that is basically
5
responding to complaints that have to do with that
6
particular product.
7
Q.
1 see.
8
A.
It's its own entity.
9
Q.
Okay. Now, as part of Go Daddy's
10
agreement with its customers, is there anything in
11
any of Go Daddy's agreements that would prevent it
12
from taking action on a trademark claim?
13
MR. LANSKY: Object to the form.
14
THE WITNESS: No.
15
BY MR. CLARK:
16
Q.
And in terms of the distinction between
17
applying the trademark policy to websites hosted by
18
Go Daddy and not applying it to domain names that
19
aren't hosted by Go Daddy, do you know who made that
20
decision for the policy to apply that way?
MR. LANSKY: Object to the form of the
21
22
question.
THE WITNESS: When Go Daddy became an
23
24
ICANN accredited registrar, there were certain things
25
that Go Daddy had to adhere to. One of those things
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::: CONFIDENTIAL :::
Page: 33
10/12/2011
3essica Hanyen
Berhad/Petronas v. GoDaddy
1
is Uniform Domain Name Dispute Resolution Policy, and
2
that governs how we treat issues that have to do with
3
domain names.
When it came to hosting which was another
4
5
product of ours, there wasn't anything in place for
6
that. So this policy is a direct response to that as
7
a way that we can address issues that have to do on
8
website content or our products.
9
BY MR. CLARK:
Q.
10
Okay. So does the UDRP, Uniform Domain
11
Name Dispute Resolution Policy, does that deal with
12
domain name forwarding services?
A.
13
The Uniform Domain Name Dispute
14
Resolution Policy has to do with the domain name
15
itself.
Q.
16
17
Okay. Just the registration of the
domain name?
18
MR. LANSKY: Object to the form.
19
THE WITNESS:
It's mostly going to deal
20
with domain name ownership.
21
BY MR. CLARK:
Q.
22
23
Okay. Does it deal with domain name
forwarding?
24
A.
I don't know.
25
Q.
So you don't know whether or not the
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CONFIDENTIAL :::
Page: 34
10/12/2011
Jessica Ha nyen
Berhad/Petronas v. GoDaddy
1
pretty steady.
2
Q.
Okay. And do you have any idea how many
3
trademark infringement claims Go Daddy receives each
4
year?
A.
5
I don't know a specific number, but it is
6
in the thousands.
7
Q.
And of those claims -- I'm sorry if you
8
already told me this, but what's your estimate of how
9
many of those relate to hosted accounts?
10
A.
Actionable claims are in the hundreds.
11
Q.
Okay. And of the actionable claims, give
12
a sense of what percentage of those actually result
13
in a hosting account being cancelled or suspended?
A.
14
It would be suspended and any actionable
15
claim that we get a valid complete complaint for
16
we're going to take action on. So a majority, vast
17
majority. I couldn't really give you a specific
18
number.
19
Q.
And when you have the -- when there is a
20
valid trademark claim for a hosted website, the Go
21
Daddy customer has the opportunity to provide a
22
counter-notification; is that correct?
23
A.
24
Q. And can you describe what a
25
Yes.
counter-notification is?
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::: CONFIDENTIAL :::
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